DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 4/22/2026 has been entered. Claims 17 and 19-37 remain pending in the present application. Applicant’s amendments to the claims have overcome the 35 U.S.C. 101 rejection set forth previously. Claim 18 has been cancelled and claims 34-37 are new claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 17 and 19-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heydari et al. (US PGPUB 20210157340).
Regarding Claim 17; Heydari teaches; Sanitary system, comprising at least one sanitary article respectively having a sanitary article controller and an actuator, wherein the sanitary article controller is configured to drive the actuator according to its intended use and wherein the sanitary article controller has a sanitary article communication interface, (Heydari; at least Figs. 2 and 3A; paragraphs [0056]-[0057]; disclose a network connected sanitary system including a plurality of fixtures including sinks, toilets, and urinals and wherein each of the fixtures includes its own flush valve assembly and wherein each fixture is connected to a computing device configured to monitor/control the plurality of fixtures)
at least one gateway having a gateway communication interface and a memory which is connected to the gateway communication interface, as well as a processor, (Heydari; at least Figs. 1B-1E; paragraphs [0130]; disclose a gateway communication interface as well as a processor and memory)
wherein the at least one gateway is connected via the gateway communication interface to the sanitary article communication interface via a data connection, which data connection is configured in such a way that operational data of the sanitary article controller and/or of the actuator are transmittable to the gateway via the data connection, (Heydari; at least Figs. 1B-2; paragraph [0057]; disclose wherein the system includes at least one gateway connected to the plurality of fixtures and wherein the gateway can send/receive information regarding the plurality of fixtures via a data connection)
wherein the memory is configured in such a way as to store the received operational data, and wherein the processor is configured in such a way as to evaluate the received operational data, (Heydari; at least Fig. 2; paragraphs [0056]-[0061]; disclose wherein the system tracks and stores a plurality of operational data (i.e. number of flushes, usage frequency, time since last use, etc.) and can perform evaluations such as detecting a long usage time by a user as well as detect solids in the toilet bowl and make a determination to perform a high volume flush)
and wherein, when a predetermined evaluation criterion is reached from the evaluation of the received operational data, the processor provides an isolated control instruction, (Heydari; at least paragraphs [0062]-[0063]; disclose wherein the plurality of flush valves for each fixture are connected to sanitary controller, and based on received sensor data, can provide isolated flush control signals to operate the flush valves outside of normal usage)
wherein the isolated control instruction is transmittable from the gateway to the sanitary article controller via the data connection, the sanitary article controller driving the actuator with the isolated control instruction, (Heydari; at least paragraphs [0053]-[0055]; disclose wherein the sanitary device is connected to a gateway which is also connected to a computing device, wherein the computing device can determine an isolated control instruction for a specific device based upon received information from the device, and wherein the control instruction is communicated through the gateway to the sanitary device)
wherein the driving according to the intended use and the isolated control instruction are carried out separately from one another. (Heydari; at least paragraphs [0053]-[0055] and [0062]-[0063]; disclose a flush valve assembly that can flush according to local sensors during normal operation or can be provided separate, isolated control instructions from a server).
Regarding Claim 19; Heydari teaches; The sanitary system according to Claim 17, wherein the isolated control instruction drives the actuator independently of the driving according to the intended use, the actuator being a valve and the isolated control instruction being a hygienic flush instruction, with which the valve is opened for a predetermined period of time and is closed again after the predetermined period of time has elapsed. (Heydari; at least paragraphs [0015], [0074], and [0124]-[0125]).
Regarding Claim 20; Heydari teaches; The sanitary system according to Claim 17, wherein the isolated control instruction is transmittable from the gateway to the sanitary article controller via the data connection, the sanitary article controller driving the actuator with the isolated control instruction, and wherein the isolated control instruction drives the actuator independently of the driving according to the intended use, the actuator being a valve and the isolated control instruction being a hygienic flush instruction, with which the valve is opened for a predetermined period of time and is closed again after the predetermined period of time has elapsed. (Heydari; at least paragraphs [0015], [0053]-[0055], [0074], and [0124]-[0125]).
Regarding Claim 21; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary article is a hygienic flush apparatus and the actuator is a valve, the driving according to the intended use being deactivated when the data connection has been provided, and the isolated control instruction being a hygienic flush instruction, with which the valve is opened for a predetermined period of time and is closed again after the predetermined period of time has elapsed. (Heydari; at least paragraphs [0015], [0074], and [0124]-[0125]).
Regarding Claim 22; Heydari teaches; The sanitary system according to Claim 17, wherein the driving according to the intended use is assigned to the gateway, and wherein the isolated control instruction is a control instruction according to the intended use, such that the actuator is driven centrally by the gateway. (Heydari; at least paragraphs [0050]-[0055]).
Regarding Claim 23; Heydari teaches; The sanitary system according to Claim 17, wherein the isolated control instruction is reset when an instruction according to the driving according to the intended use is carried out and being carried out after the conclusion of the instruction according to the driving according to the intended use. (Heydari; at least Fig. 7B).
Regarding Claim 24; Heydari teaches; The sanitary system according to Claim 17, wherein the isolated control instruction is sent to the sanitary article controller without a time delay, the sanitary article controller carrying out the control instruction immediately after reception without a time delay. (Heydari; at least paragraphs [0063] and [0130]).
Regarding Claim 25; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use and/or which is configured to store the operational data. (Heydari; at least paragraphs [0049]-[0050]).
Regarding Claim 26; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use and/or which is configured to store the operational data, and wherein the control parameters remain unmodified when the isolated control instruction is received, and wherein the isolated control instruction is not storable in the memory of the sanitary article controller. (Heydari; at least paragraphs [0042] and [0049]-[0050]).
Regarding Claim 27; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary article has a trigger element which is operatively connected to the sanitary article controller and is configured to drive the actuator according to the intended use or to trigger a function on the sanitary article. (Heydari; at least paragraph [0062]).
Regarding Claim 28; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary system furthermore has a computer, in particular a mobile computer, the computer having a computer communication interface and the gateway having a further communication interface, a data connection being providable between the computer communication interface and the further communication interface. (Heydari; at least Figs. 6A-7F).
Regarding Claim 29; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary system furthermore has a computer, in particular a mobile computer, the computer having a computer communication interface and the gateway having a further communication interface, a data connection being providable between the computer communication interface and the further communication interface, and wherein the predefined control parameters are modifiable only by an instruction which is issued by the computer, (Heydari; at least Figs. 6A-7F)
wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use and/or which is configured to store the operational data; or wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use and/or which is configured to store the operational data, and wherein the control parameters remain unmodified when the isolated control instruction is received, and wherein the isolated control instruction is not storable in the memory of the sanitary article controller; or wherein the sanitary article has a trigger element which is operatively connected to the sanitary article controller and is configured to drive the actuator according to the intended use or to trigger a function on the sanitary article. (Heydari; at least paragraphs [0042], [0049]-[0050], and [0062]).
Regarding Claim 30; Heydari teaches; The sanitary system according to Claim 29, wherein the control parameters are modifiable only by manual input of a user instruction on the computer. (Heydari; at least Fig. 7B; paragraph [0074]).
Regarding Claim 31; Heydari teaches; The sanitary system according to Claim 17, wherein the actuator is a water valve, and wherein the isolated control instruction has a valve actuation instruction, in particular an opening instruction and a closing instruction and a valve opening duration. (Heydari; at least paragraphs [0015], [0061]-[0062], and [0124]-[0125]).
Regarding Claim 32; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary system furthermore comprises at least one sensor which is connected with a further gateway communication interface via a data connection to the gateway, sensor data of the at least one sensor being transmitted to the gateway via the data connection, and the sensor data being included in the evaluation. (Heydari; at least paragraphs [0060]-[0061]).
Regarding Claim 33; Heydari teaches; The sanitary system according to Claim 17, wherein the gateway has at least one further communication interface and wherein the sanitary system furthermore has at least one third system having a third-system communication interface , a data connection being providable between the further communication interface and the third-system communication interface, via which data connection the isolated control instruction is provided to the third system by the gateway. (Heydari; at least paragraphs [0049] and [0053]-[0056]).
Regarding Claim 34; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary article controller further comprises a memory configured to store predefined control parameters for the driving of the actuator according to the intended use or which is configured to store the operational data, and wherein the control parameters remain unmodified when the isolated control instruction is received, and wherein the isolated control instruction is not storable in the memory of the sanitary article controller. (Heydari; at least paragraph [0109]).
Regarding Claim 35; Heydari teaches; The sanitary system according to Claim 17, wherein the sanitary system furthermore has a computer, in particular a mobile computer, the computer having a computer communication interface and the gateway having a further communication interface, a data connection being providable between the computer communication interface and the further communication interface, and wherein the predefined control parameters are modifiable only by an instruction which is issued by the computer, wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use or which is configured to store the operational data; or wherein the sanitary article controller furthermore has a memory which is configured to store predefined control parameters for the driving of the actuator according to the intended use or which is configured to store the operational data, and wherein the control parameters remain unmodified when the isolated control instruction is received, and wherein the isolated control instruction is not storable in the memory of the sanitary article controller; or wherein the sanitary article has a trigger element which is operatively connected to the sanitary article controller and is configured to drive the actuator according to the intended use or to trigger a function on the sanitary article. (Heydari; at least Fig. 7B; paragraphs [0074] and [0109]).
Regarding Claim 36; Heydari teaches; The sanitary system according to Claim 31, wherein the valve is chosen from the group of a flush valve, a hygienic flush valve, a check valve or a bypass valve. (Heydari; at least paragraphs [0062]-[0063]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Heydari et al. (US PGPUB 20210157340) in view of Spiro et al. (US PGPUB 20200217057).
Regarding Claim 37; Heydari appears to be silent on; The sanitary system according to Claim 33, wherein the at least one third system is chosen from a group of: a light system having at least one lamp and wherein the isolated control instruction drives the light system, or the at least one lamp; or a fan system having at least one fan and wherein the isolated control instruction drives the fan system, or the at least one fan; or a fragrance dispenser system having at least one fragrance dispenser and wherein the isolated control instruction drives the fragrance dispenser system, or the at least one fragrance dispenser; or an alarm system and wherein the isolated control instruction drives the alarm system.
However, Spiro teaches; The sanitary system according to Claim 33, wherein the at least one third system is chosen from a group of: a light system having at least one lamp and wherein the isolated control instruction drives the light system, or the at least one lamp; or a fan system having at least one fan and wherein the isolated control instruction drives the fan system, or the at least one fan; or a fragrance dispenser system having at least one fragrance dispenser and wherein the isolated control instruction drives the fragrance dispenser system, or the at least one fragrance dispenser; or an alarm system and wherein the isolated control instruction drives the alarm system. (Spiro; at least Abstract; paragraph [0046]; disclose a self-cleaning bathroom system and method which provides user controls for various bathroom appliances via an app and wherein one of the appliances is a fragrance dispenser that can be controlled by the user).
Heydari and Spiro are analogous art because they are from the same field of endeavor or similar problem solving area, of bathroom cleaning and control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method of including additional devices that can be controlled such as a fragrance dispenser as taught by Spiro with the known system of a bathroom cleaning and control system as taught by Heydari in order to provide a way reduce the burden of manually cleaning and provide a system for on demand cleaning as taught by Spiro (paragraph [0005]).
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 4/22/2026, with respect to the 35 U.S.C. 101 rejection have been fully considered and are persuasive. The 35 U.S.C. 101 rejection of claim 17 has been withdrawn.
Applicant's arguments filed 4/22/2026 with respect to the 35 U.S.C. 102 rejection have been fully considered but they are not persuasive.
In particular, the applicant argues that the newly amended limitations of, “wherein the isolated control instruction is transmittable from the gateway to the sanitary article controller via the data connection, the sanitary article controller driving the actuator with the isolated control instruction, and
wherein the driving according to the intended use and the isolated control instruction are carried out separately from one another.”, are not sufficiently taught by the reference of Heydari. The office respectfully disagrees.
With respect to the first limitation of, “wherein the isolated control instruction is transmittable from the gateway to the sanitary article controller via the data connection, the sanitary article controller driving the actuator with the isolated control instruction,”, this limitation can be found with paragraphs [0053]-[0055]. Here, the paragraphs establish that the sanitary device (50) is in communication with a computing device (80) via a gateway. The sanitary device can provide information to the computing device which can determine an appropriate control instruction (i.e. isolated control instruction) based on the received information, and wherein the sanitary device can receive locally at a controller associated with the device, the isolated control instruction, and then utilize the instruction to operate the device.
With respect to the second limitation of, “wherein the driving according to the intended use and the isolated control instruction are carried out separately from one another.”, this limitation can be found within paragraphs [0053]-[0055] and [0062]-[0063]. Within these paragraphs, it is explained that, for example, a flush valve assembly may operate using intended use by operating in response to a local sensor used to operate the flushing during normal operational use. Further, the system includes coupling the controller to the network described in the previous limitation which can then receive separate, isolated signals that cause the flush valve to operate outside of its normal function by utilizing the isolated control signal provided from a computing device. Based at least on the above cited paragraphs, the office believes the newly added limitations are still sufficiently taught by the reference of Heydari.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu (US PGPUB 20200032497): disclose a smart bathroom control system and method that utilizes a plurality of sensors monitoring various components within a bathroom, and in response to received sensor values, controlling various aspects of the bathroom.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117
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